- 27 - the Agent had stayed with the insurance company”. The termination payments in Schelble were based on a percentage of the renewal commissions paid during the final months of the contract. One of Schelble’s companies paid between 50 percent and 150 percent of the commissions for the final 12 months of service, while the other company paid between 50 percent and 100 percent of the commissions for the final 6 months of service. In both cases, the percentage depended on the length of the agent’s term of service. Petitioners argue that the holding in Schelble should not apply to the case at hand, where the termination payments are based on prior earnings rather than future commissions. Again, we reject petitioners’ argument. In Newberry v. Commissioner, 76 T.C. 441, 444 (1981), we held that it does not matter whether the income arises from a “past, present, or future income-producing activity”. See also Schumaker v. Commissioner, 648 F.2d 1198, 1200 (9th Cir. 1981) (self-employment income determined from source of income, not taxpayer’s status when income realized); sec. 1.1402(a)-1(c), Income Tax Regs. (self-employment income may include payments received from services provided in a prior taxable year). Finally, petitioners argue that the termination payments should be treated as gain or loss from the sale of property under section 1402(a)(3)(C), rather than as ordinary self-employment income. Following a long line of authority, we held in Clark v.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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